Author Archives: Jay Butchko
Can an Agent Engage in “Self-Dealing” Under a Florida Power of Attorney?
A Florida power of attorney grants an agent the legal authority to take certain actions on behalf of a principal. This creates a fiduciary relationship. So even where a power of attorney grants broad authority, the agent must still adhere to certain basic legal and ethical standards. For example, the agent cannot use their… Read More »
Can You Enforce an Oral Trust in Florida?
One of the cardinal rules of wills in Florida is that they must be in writing. Florida probate courts will not recognize or admit an oral will. Not only must a valid will be in writing, it must also be personally signed by the testator (or someone signing at the testator’s direction) in the… Read More »
Can Someone Force the Opening of a Florida Probate Estate?
The process of administering a Florida probate estate begins with the filing of a petition with the circuit court for the judicial circuit where the decedent–the person who died–resided at the time of their death. In most cases, the petitioner is the person who is either nominated to serve as personal representative of the… Read More »
Are Florida Revocable Trusts Really Private?
An oft-cited benefit of creating a revocable trust is the “privacy” it affords over a traditional will. The reasoning goes something like this: When a will is filed for probate in Florida, it becomes a matter of public record. Indeed, the probate proceeding itself is public, so anyone can learn the contents of the… Read More »
Is a Florida “Lady Bird” Deed the Same as a Revocable Living Trust?
There are many ways for a person to transfer their property upon death without probate. Two of the more common methods used in Florida estate planning are revocable trusts and enhanced life estate deeds. And while these two methods share some characteristics, they are in fact different legal procedures with their own respective benefits… Read More »
Is a Life Insurance Policy a Probate Asset?
One of the more common points of confusion when it comes to administering a deceased person’s property is the legal distinction between probate and non-probate assets. Generally speaking, a probate asset is one that passes according to the terms of the deceased owner’s last will and testament; or they had no will, then as… Read More »
Frequently Asked Questions About Florida’s “Elective Share” Rules
If you are married at the time of your death, your spouse has certain inheritance rights under Florida law. Specifically, Section 733.201 of the Florida Statutes grants the surviving spouse “the right to a share of the elective estate of the decedent.” There is often confusion surrounding the elective share, however, and how it… Read More »
Can a “Potential Heir” Seek a Determination of Homestead Status in Florida?
The Florida Constitution provides broad protections for a person’s primary residence or “homestead.” This protection takes a number of forms. One of them is actually a restriction on the devise of the homestead property. Basically, if the owner is survived by a spouse or a minor child, they cannot leave the homestead property to… Read More »
How Representing Yourself in Probate Litigation Can Go Wrong
Estate and trust litigation is generally quite complex. These are highly specialized areas of Florida law. So it makes sense that if you become involved in such litigation, you would want to work with a qualified attorney. The last thing you want to do is represent yourself. While you can act pro se in… Read More »
How a Sibling Squabble Can Lead to Allegations of Breach of Fiduciary Duties
It is fairly common for people creating a revocable trust to name a family member as their successor trustee. This can lead to some confusion over the successor trustee’s role, particularly if they are also a beneficiary of the trust. In some cases, the trustee may confuse their rights as a beneficiary with their… Read More »
Mark R. Manceri, P.A. is a boutique law firm that specializes in Estate, Trust and Guardianship litigation. These matters include Will and Trust contests involving lack of capacity, undue influence, forgery, improper execution and tortious interference...